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Questions Answered by Benson Varghese
1 Answer | Asked in Criminal Law for Texas on
Q: If my stepdad chocked my mom and got arrested can he not step foot in the house ?
Benson Varghese
Benson Varghese answered on Aug 7, 2015

You will want to check the bond conditions from the court and check for any protective orders that might be in place.

1 Answer | Asked in Criminal Law for Texas on
Q: Is it illegal for a 23 year old to be in a sentimental relationship with a 17 year old in Texas??

She is 17 and I'm 23. We are concerned about charges and jail time.

Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My friend is 14 and she is Dating an 18 year old boy and he is consistently having sex with her. Is that against the law

If it is against the law, what do I do to stop it

Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If an 18 year old boy has sex with a minor consistently, is it a crime?

My friend (the minor is a girl) has been having sex consistently for almost a year. How do I prevent that from happening any longer?

Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If a 22 and a 17 year old have sex and the 17 year old's parents are against it, will there be legal consequences?
Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a 18 year old date a 13 year old girl with out having sex in dallas tx
Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Is it illegal to date 15 year old girl when her boyfriend is 18 years old with out any sex
Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I'm 17 can I have sex with and eventually marry my 15 year old girlfriend when she's around 16 or 17 and I'm 18 or 19
Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Im 18 my girlfriend is 16 , if i got her pregnant can i go to jail ?
Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a 18 year old have a baby with a 16 year old in Texas ?
Benson Varghese
Benson Varghese answered on Jul 22, 2015

Pursuant to Penal Code 21.11, it is illegal in Texas to have sexual contact with an individual UNDER the age of 17, unless the accused is:

1. not more than three years older than the victim

2. the accused is of the opposite sex

3. the accused did not use force, duress or a...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can I be falsely accused of statutory, and if so, is it even defensible.

I am a 20 year old male, I am dating (Strictly a non-sexual dating relationship) a 16 year old Female. Could my girlfriends mother call the police and lie about us having sex just to send me to jail? If she did, does she have to prove I did? Or do I have to prove I didn't? Also, what are... Read more »

Benson Varghese
Benson Varghese answered on Jul 22, 2015

Here is an article I've written about being falsely accused: https://www.versustexas.com/criminal/accused-rape/

1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend on DWI probation and received a dwls which he has to appear in court for probation revocation? What now?
Benson Varghese
Benson Varghese answered on Jul 22, 2015

If you pick up a new violation or are arrested while you are on probation, you will most likely face a revocation. That means he can be sentenced to jail on the DWI and then face punishment for the DWLS. (Here is more on revocations:... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If I have an FTA and try to go get a restraining order would I get arrested for the FTA?
Benson Varghese
Benson Varghese answered on Dec 30, 2014

If you have a warrant out for a Failure to Appear, then yes you will likely be arrested by any bailiff who notices there is a warrant out for you.

2 Answers | Asked in DUI / DWI for Texas on
Q: Am I eligible to have my car interlock removed? ,I have done half of my probation, have ODL , get regular Lic. June 2011
Benson Varghese
Benson Varghese answered on Dec 30, 2014

In Texas, on a first-time DWI, you may generally have the interlock removed from your vehicle after half-time. At our firm, we regularly file motions for early removal of interlock. Conditions of probation are at the discretion of the judge so it's important to talk to a local attorney who... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: What is the legal view on sex with a minor (I am 17 she is 14) If charged would the charge be misdemeanor or felony?
Benson Varghese
Benson Varghese answered on Dec 5, 2014

Sexual Assault of a Minor is a felony offense in Texas. It is generally a Second Degree felony, with a punishment range of 2-20 years. However it is important to contact an experienced criminal defense attorney immediately. You might have a legal defense if you were no more than three years older... Read more »

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